Turkey’s Supreme Election Board (YSK) announced justified decision, opponent member lectured law : History will record this blemish. YSK declared absolute results of referendum and reason to reject Republican People’s Party’s (CHP) appeal for cancellation of referendum. Cengiz Topaktas’s dissenting opinion who voted for cancellation of referendum , stamped to the YSK’s justification.
YSK declared the justification of the decision for rejecting the 16th April referendum cancellation appeal. However YSK member Cengiz Topaktas’s dissenting opinions stamped to the justification. Topaktas stated that due to the unexpected last minute decision of YSK made impossible to count unsealed votes : “Our country divided into two : believers to the result of the referendum and unbelievers. This a dispute will never but will also reflect to the next generations”. Topaktas who did not agree with other members decision, expressed that referendum had to be cancelled with his 12 pages of counteer vote statement :
YSK acted like law maker : One of the leading section of faulty parts of our decision No560 that we acted like law maker. These rules were made to prevent cheating by bringing vote ballots and envelopes from outside. It is not possible to say that law maker who secured voting right with constituition, disposses the voting right of the citizens by regulating the 98. & 101. Clauses of law code No298. It is also not possible for our board to make convenience supervision. For this reason, considering 98. And 101. Clause of law code no298 are not against constituition and we don’t asset such a claim, it is mandatory to apply these conditions.
Falsification can not be inspected by the ballot boxes : As the polling clerks are not speciallt trained for falsification, such an inspection can not be expected from them. It is also clear that this inspection is not possible considering ballots must be counted rapidly. To force the polling clerks for checking whether the unsealed envelopes and ballots were sent by YSK or not, would cause unnecessary arguments by the ballot boxes as well as it wont be correct to authorize insufficient people to check the falsification which can only be analyzed only by an investigation.
YSK became questionable : For the first time, our organization revealed such a decision during an election .Our organization became a debate matter as this decision is against 98. And 101. Clause of law code no298 & our circular No135/I dated 14 Feb 2017 .
Public divided into two : Ballot counting were made according to this decision thus it became impossible to determine unsealed ballots and envelopes. Either our organization or politicial parties do now know how many unsealed ballots and envelopes were used. There is a public opinion that 2.5 million ballots were unsealed. Considering re-counting of ballots would not remove the suspicion of the public, it became meaningless to argue if there were 2.5 million unsealed ballots&envelopes or not. Public is divided into to in this way.
YSK paved the way for partisan broadcasting : When we check regulation from clause 149/ A of law code 298, there are penal sanctioning for partisan & unfair broadcasting against same law code clause 55/a and fundamentals determined by our board. Instead of applying these sanctions, deciding that it is unapplicable, resulted a referendum period with unfair conditions. With thie decision, our board paved the way for unfair broadcasting atmosphere which does not allow any other opinions
Different opinions were not reflected fairly : Considering the NGO’s could not make propaganda satisfactorily, broadcasting of Tvs and radio’s became partisan by ignoring the rule that any change by election laws can not be applied by the election that would be made in the following 1 year, different opinions were not represented fairly and result resulted from our decision No560, as the 67. And 79. Clauses of constitution were violated, my opinion is to give a decision for cancelling the referendum.